An overpayment is an amount of benefit that has been paid to someone who wasn't entitled to it.
When we give you too much benefit, we call it an overpayment. If we give you too much benefit, we will send you a letter, which will tell you:
An overpayment is recoverable from either the person who caused the overpayment, or the person who received the overpayment.
If the claimant is currently receiving housing benefit, the overpayment can be recovered from future benefit payments by a weekly deduction.
The claimant is responsible for paying any rent arrears that occur as a result of the reduced amount paid to the landlord.
If the claimant is not currently receiving housing benefit, an invoice for payment will be issued.
Recovery of an overpayment will not prejudice any criminal proceedings that may be taken by the council in respect of fraudulent overpayments.
If we have decided to recover an overpayment from a landlord it will issue an invoice.
Recovery of an overpayment will not prejudice any criminal proceedings that may be taken by the Council in respect of fraudulent overpayments.
For further information on reviews and the Appeals process see Appeals - Housing Benefit.
The claimant can ask for a review of a decision to calculate an overpayment. Any such request should be made within one month of the decision notice.
A landlord can request a review where recovery is being sought from him.
A landlord can write to us requesting a written statement of reasons for the recovery of an overpayment from him.
Where an invoice remains unpaid, or an agreed arrangement to repay the debt over time is not being maintained, We may take action in the county court.
If a landlord habitually fails to repay overpayments that are recoverable from him, the council can decide that the landlord is not a 'fit and proper person' under Benefit Regulations, and can refuse to make direct benefit payments to that landlord.
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